1.1 These Terms of Use (hereinafter referred to as the “Terms”) govern your access and use of the services provided by Kryptic Inc (hereinafter collectively referred to as “Kryptic”, “the Company”, “we,” and/or “us” respectively).
1.2 Our Services include, but are not limited to, the following:
a) The allowance for users to store and manage account keys, broadcast transactions, send and receive Bitcoin, Ethereum-based and non-Ethereum-based cryptocurrencies and tokens, and securely connect to decentralized applications through a compatible web browser or the mobile app's built-in browser;
b) The content on our website located at kryptic.com (hereinafter referred to as the “Website”) and/or any of its sub-domains, other websites, pages, features, and/or content we own or operate (hereinafter collectively referred to as the “Sites”);
c) The decentralized protocol and blockchain-based system(s) that allow users to trade digital assets (hereinafter referred to as “the Protocol”); and/or
d) Any other services that the Company may make available and/or provide from time-to-time (hereinafter collectively referred to as the “Services”).
1.3 You automatically agree and portray that you have read, understood, and accept these Terms by accessing our Sites, making use of our Services, and/or continuing with any form of business relationship with the Company.
1.4 If you do not agree with these Terms, do not access or use the Services, Sites, or any other aspect of our business. Your use of our Services is unauthorized without the acceptance of these Terms.
1.5 These Terms form a binding contract between you and the Company.
1.6 PLEASE READ THESE TERMS CAREFULLY.
To be eligible to use the Company’s Sites and Services, you must satisfy all of the following criteria:
2.1 Be An Authorized User
You must possess the full power, authority, and capacity to:
a) Access and use our Services; and
b) Enter into, deliver, and perform your obligations under these Terms.
Individuals must be at least eighteen (18) years old and/or the legal age of recognized financial maturity within your country of residence.
2.2 Display True Representation
You agree that all of your representations and warranties, as set out in these Terms, are true, accurate, and complete.
3.1 The Company reserves the exclusive right to modify and amend these Terms at our sole discretion, from time to time.
3.2 If any modifications are made, the Company will notify you by updating the date at the top of the Terms and by maintaining a current version of the Terms at kryptic.com
3.3 All modifications will be effective when they are posted, and your continued access and use of the Website will serve as confirmation of your acceptance of those modifications.
3.4 If you do not agree with any modifications to these Terms, you must immediately stop accessing and using the Website.
The Company owns all intellectual property and other rights on the Website and its contents, including – but not limited to – software, text, images, trademarks, service marks, copyrights, patents, and designs.
The Company reserves the following rights, which do not constitute our obligations:
a) With or without notice to you, the Company has the right to modify, substitute, eliminate or add to the Website;
b) The Company has the right to review, modify, filter, disable, delete, and remove any and all content and information from the Website;
c) The Company has the right to cooperate with any law enforcement, court or government investigation or order or third party requesting or directing that we disclose information or content or information that you provide.
6.1 The policies held by the Company with respect to your privacy can be found within the Privacy Policy.
6.2 The Company may make use of third-party service providers from time to time. Please note that we do not control how third parties handle your data and you should review their privacy policies to understand how they collect, use, and share your personal information.
7.1 You acknowledge and accept the following risks related to the use of the Platform and/or Service(s):
a) The risk of loss in trading digital assets may be substantial and losses may occur over a short period of time;
b) The price and liquidity of digital assets has been subject to large fluctuations in the past and may be subject to large fluctuations in the future;
c) Digital assets are not legal tender, and are not backed by government;
d) Legislative and regulatory changes or actions at the national or international level may adversely affect the use, transfer, trade, and value of digital assets;
e) Digital asset blockchains may Fork, and the Company may not support the Forked digital asset promptly or at all;
f) Transactions in digital assets are irreversible, and accordingly, losses due to fraudulent or accidental transactions may not be recoverable;
g) The value of digital assets may be derived from or influenced by the continued willingness of market participants to trade fiat currencies for digital assets, which may result in the potential permanent and total loss of value of a particular digital asset should the market for that digital asset disappear;
h) The nature of digital assets may lead to an increased risk of fraud or cyberattack and may mean that technological difficulties experienced by the Company may prevent access to, or use of, your digital assets;
i) The Company may experience sophisticated cyberattacks, unexpected surges in activity, or other operational or technical difficulties that may cause interruptions to the Services; and
j) Digital asset blockchains may become congested or become non-operational due to attacks, bugs, hard forks, or other unforeseeable reasons.
7.2 The Company does not provide any financial, investment, business, accounting, tax, legal, or other advice to you.
7.3 All transactions are executed automatically, based on your instructions, and you are solely responsible for determining whether any investment, investment strategy, or transaction is appropriate for you based on your personal investment objectives, financial circumstances, and risk tolerance.
8.1 You agree and understand that all trades submitted through the Company are considered unsolicited, which means that you have not received any investment advice from us in connection with any trades and that we do not conduct a suitability review of any trades you submit.
8.2 All information provided by the Sites are for informational purposes only and should not be construed as investment advice.
8.3 You alone are responsible for determining whether any investment, investment strategy, or related transaction is appropriate for you based on your personal investment objectives, financial circumstances, and risk tolerance.
You hereby represent and warrant to the Company, at all times, the following:
9.1 You have full power, authority, and capacity to:
a) Access and use the Services; and
b) Enter into, deliver, and perform your obligations under these Terms and any agreement entered into pursuant to, or in connection with, these Terms.
9.2 All consents, permissions, authorizations, approvals, and agreements of third parties and all authorizations, approvals, permissions, consents, registrations, declarations, filings with any regulatory authority, governmental department, commission, agency, or other organization having jurisdiction over you which are necessary or desirable for you to obtain in order to:
a) Access and use the Services; and
b) Enter into, deliver, and perform the transactions contemplated under these Terms and any agreement entered into pursuant to, or in connection with, these Terms, have been unconditionally obtained in writing, disclosed to us in writing, and have not been withdrawn or amended.
9.3 These Terms and any agreement entered into pursuant to, or in connection with, these Terms constitute valid and legally binding obligations, enforceable against you in accordance with their respective terms.
9.4 If you are an entity, you are duly incorporated, duly organized, and validly existing under the laws of your jurisdiction and have full power to conduct your business.
9.5 If you are an individual, you are not less than eighteen (18) years old and/or the legal age of recognized financial maturity within your country of residence.
9.6 Your access and use of the Services, your execution and delivery of, and the performance of your obligations under these Terms and any agreement entered into pursuant to, or in connection with, these Terms, will not:
a) If you are an entity, result in a breach of or conflict with any provision of your constitution (or equivalent constitutive documents);
b) Result in a breach of, or constitute a default under, any instrument, agreement, document or undertaking to which you are a party or by which you or any of your property is bound or subject; and
c) Result in a breach of any applicable laws, rules, or regulations or of any order, decree or judgment of any court, any award of any arbitrator or those of any governmental or regulatory authority in any jurisdiction.
You covenant and agree that you shall not:
10.1 Breach these Terms or any agreement entered into pursuant to, or in connection with, these Terms.
10.2 Act in a manner that is defamatory, trade libellous, threatening, or harassing.
10.3 Engage in potentially fraudulent or suspicious activity or transactions. You must cooperate in any investigation or provide requested confirmation of your identity or the accuracy of any information you provide to us.
10.4 Receive, or attempt to receive, funds from both the Company and another user for the same transaction during the course of a dispute.
10.5 Conduct your business or use the Services in a manner that results in, or may result in, complaints, disputes, claims, reversals, chargebacks, fees, fines, penalties, or other liability to the Company, other users, third parties, or yourself.
10.6 Violate, or attempt to violate:
a) Any law, statute, and/or ordinance;
b) The Company’s or any third-party’s copyright, patent, trademark, trade secret, or other intellectual property rights, or rights of publicity or privacy.
10.7 You must not:
a) Use any robot, spider, other automatic device, or manual process to monitor or copy our Sites without our prior written permission;
b) Use any device, software, or routine to interfere or attempt to interfere with our Sites or the Services;
c) Take any action that may cause us to lose any of the Services from our service providers;
d) Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
11.1 Indemnification
11.1.1 You will indemnify and hold the Company harmless, including its affiliates and service providers, and each of their respective officers, directors, employees, affiliates, agents, licensors, and/or contractors (hereinafter referred to as “Indemnified Persons”) from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third-party, governmental authority, or industry body, and all liabilities, damages (actual and consequential), losses, costs, and expenses, including without limitation reasonable attorneys’ fees, arising out of or in any way connected with:
a) Your access to or use of the Services;
b) Your breach or alleged breach of these Terms or your violation of any other provision of these Terms, including any terms and conditions incorporated by reference herein;
c) Your violation of any law, rule, or regulation;
d) Your violation of the rights of any third-party.
11.1.2 We reserve the right to assume control of the defence of any third-party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.
11.2 Limitations of Liability
11.2.1 In no event shall any of the Indemnified Persons be liable to you or any other person or entity for any loss of business, profits, or opportunities; or any special, punitive, aggravated, incidental, indirect or consequential losses or damages, whether arising out of and/or in connect with our Sites, the Service(s), these Terms, Fees, Disclosures, and/or any agreement entered into pursuant to, or in connection with, these Terms or otherwise.
11.2.2 Our liability, and the liability of the Indemnified Persons, to you or any third parties in any circumstances is limited to the actual amount of loss and/or damage which is caused directly and is reasonably foreseeable by our breach of these Terms.
11.3 No Warranty
11.3.1 The Services are provided on an “as is” and “as available” basis without any representation or warranty, whether express or implied, to the maximum extent permitted by applicable law: specifically, we disclaim any implied warranties of titles, merchantability, fitness for a particular purpose and/or non-infringement.
11.3.2 We do not make any representations or warranties that access to the Sites, the Services, or any of the materials contained therein, will be continuous, uninterrupted, timely, or error-free.
11.3.3 We will make reasonable efforts to ensure that transactions are processed in a timely manner, but we make no representations or warranties regarding the amount of time needed to complete processing which is dependent upon many factors outside of our control.
11.4 Security
11.4.1 The Company is not liable for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms, or other malware that may affect your computer or other equipment, or any phishing, spoofing, or other attack.
11.4.2 We advise the regular use of a reputable and readily available virus screening and prevention software.
11.4.3 You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from us.
11.4.4 You are responsible for all login credentials, including usernames, private keys, and passwords and must not share these details and keep them safe at all times. You acknowledge that Kryptic will not be held liable for the loss of control of your wallet due to sharing of your login credentials, including usernames, private keys, and passwords.
11.5 No Liability For Breach
We are not liable for any breach of these Terms, or any agreement entered into pursuant to, or in connection with, these Terms where the breach is due to abnormal and unforeseeable circumstances beyond our control, the consequences of which would have been unavoidable despite all effects to the contrary, nor are we liable where the breach is due to any action or inaction which is necessary or desirable in order to comply with any laws, rules, or regulations.
12.1 Unless otherwise indicated in these Terms, all copyright and other intellectual property rights in all information, data, text, images, links, sounds, graphics, videos, and other materials contained on our Sites or such other mode of access; or provided in connection with the Services, including, without limitation, our logo and all designs, information, data, text, images, links, sounds, graphics, videos, other materials, and the selection and arrangement thereof (collectively referred to as “Materials”) are strictly property of the Company, it’s licensors, or suppliers; and are protected by international copyright laws and other intellectual property rights laws.
12.2 The Trademarks, service marks, and logos (hereinafter referred to as “Trademarks”) used and displayed on or through the Sites or the Services are registered and unregistered Trademarks of the relevant mark owners of the Company and our licensors.
12.3 Nothing on the Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use, copy, or imitate, in whole or in part, any Trademark displayed on the Sites, without our written permission or that of other Trademark owners.
12.4 We prohibit the use of the Trademarks, any entity name, trade name, company name of ours or any other Trademark owned by us as a “hot” link to any website unless establishment of such a link is approved in advance by us in writing.
13.1 If you have a complaint, please state the cause of your complaint, how you would like us to resolve the complaint, and any other information you believe to be relevant.
13.2 Upon receiving your complaint Kryptic will handle your complaint. Kryptic will review your complaint without prejudice based on the information you provided and any information we may derive from our records.
13.3 Kryptic will use reasonable efforts to address the points raised in your complaint within thirty (30) business days and the Kryptic may:
a) Offer to resolve your complaint in the way you have requested;
b) Reject your complaint and set out the reasons for the rejection; or
c) Offer to resolve your complaint with an alternative proposal or solution.
13.4 Any offer of resolution made to you will only become binding on the Company if accepted by you. An offer of resolution will not constitute any admission by the Company of wrongdoing or liability regarding the complaint’s subject matter.
14.1 Although we intend to provide accurate and timely information on the Sites, they may not always be entirely accurate, complete, or current and may also include technical inaccuracies or typographical errors.
14.2 In an effort to continue to provide you with as complete and accurate information as possible, information may, to the extent permitted by applicable law, be changed or updated from time-to-time without notice, including – without limitation - information regarding our policies, agreements, products, and services.
14.3 Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Sites are your sole responsibility and we shall have no liability for any such decisions.
14.4 You acknowledge and agree that we are not responsible for any aspect of the content, materials, information, or services contained in any third-party websites accessible or linked from the Sites.
15.1 Your use of the Services and Sites may be subject to international export controls and economic sanctions. By accessing the Services, you agree that you will fully comply with any and all such requirements.
15.2 You are not permitted to transact in digital assets or use any of the Services if:
a) We are prohibited from providing Services to you under any applicable laws and regulations, sanctions laws, or lists applicable to the entity; and/or
b) You intend to transact or deal with any person in breach of any of the sanction’s laws.
15.3 You represent and warrant to us that you, and to your knowledge, any of your directors, officers, or employees are not directly or indirectly owned or controlled by any person or entity currently included on a sanctions list applicable to the Company, nor are directly or indirectly owned or controlled by any person or entity who is located, organized, or resident in a country or territory that is, or whose government currently is, the target of countrywide sanctions imposed by the appropriate sanctions authority.
16.1 If you receive information about another user from utilizing our Services, you must keep the information confidential and only use it in connection with the Services and always in accordance with applicable laws and regulations.
16.2 You must not disclose or distribute any user information to a third-party or use the information in any manner except as reasonably necessary to effect a transaction.
The Company’s structure provides for the impossibility of data security breaches as we do not store user data.
You are responsible for keeping your contact information up to date in order to receive any notices or alerts that we may send you (including notices or alerts of an actual or suspected Security Breach).
It is your responsibility to determine what, if any, taxes apply to the payments you make or receive, and it is your responsibility to collect, report, and remit the correct tax to the appropriate tax authority.
20.1 These Terms (including any documents, materials, or information incorporated by reference herein) is personal to you and you are not permitted to novate, transfer, or assign your rights, interests, liabilities, and/or obligations to anyone else without our prior written consent.
20.2 However, you hereby acknowledge and agree that we shall have sole and absolute discretion to novate, transfer, or assign these terms (including any documents, materials or information incorporated by reference herein) or any of our rights, interests, liabilities, and/or obligations at any time to anyone else, including, without limitation, in connection with any merger, acquisition, or other corporate reorganization involving the Company.
21.1 The Company’s rights and remedies under these Terms are cumulative and not exclusive of any rights or remedies provided by law or by any other agreement.
21.2 Any failure or delay on the part of the Company to exercise any right or remedy under these Terms shall not operate as a waiver of such right or remedy.
21.3 Any single or partial exercise of any right or remedy shall not preclude any other or further exercise thereof or the exercise of any other right or remedy.
22.1 Nothing expressed or referred to in these Terms will be construed to give any person other than the parties to these Terms any legal or equitable right, remedy, or claim under or with respect to these Terms or any provision of these Terms.
22.2 These Terms and all of its provisions are for the sole and exclusive benefit of the parties to these Terms and their successors and permitted assigns.
23.1 If we cannot resolve your dispute through the complaint process (refer to Clause 14), you agree that any dispute or controversy arising out of or relating to these Terms shall be settled through binding arbitration on an individual basis. Arbitration shall be conducted in accordance with applicable laws and requirements.
23.2 The arbitration shall:
a) Be conducted by a single, neutral arbitrator in the English language; and
b) Take place in the jurisdiction as specifically applicable to you and your usage of our Services.
23.3 Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned, written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.
23.4 The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceedings and upon request from either party made within fourteen (14) days of the arbitrator’s ruling on the merits.
23.5 A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail where signatures are required for confirmation of receipt (hereinafter referred to as “Notice”).
23.6 The Notice must:
a) Describe the nature and basis of the claim or dispute; and
b) Set forth the specific relief sought.
23.7 During the arbitration, the amount of any settlement offer made by you or the Company shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any.
23.8 All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.
24.1 To the extent permitted by law, all claims must be brought in the relevant party’s individual capacity, and not as a plaintiff or class member in any purported class, collective action, and/or representative proceeding.
24.2 Unless both you and the Company agree, no arbitrator or judge may consolidate more than one (1) person’s claim and/or engage in any class arbitration.
24.3 By agreeing to these Terms, you acknowledge that you and the Company each waive the right(s) to the following:
a) A jury trial; and
b) To participate in a class action.
24.4 If a Court decides that applicable law precludes enforcement of any of these limitations, as to a particular claim for relief, then that claim and only that claim must be severed from the arbitration and may be brought before the Court.
25.1 These Terms may, at the Company’s sole and absolute discretion, be translated into a language other than the English language.
25.2 You agree that any such translation shall only be for your convenience and the English text shall prevail in the event of any ambiguity, discrepancy, or omission as between the English text and any translated text.
All provisions of these Terms, which by their nature extend beyond the expiration or termination of these Terms, will continue to be binding and operate after the termination or expiration of these Terms.
If any provision of these Terms, terms and conditions or information incorporated by reference in these Terms is or becomes illegal, invalid, or unenforceable in any respect, the same shall not affect the legality, validity, or enforceability of any other provisions in these Terms.
Clause headings in these Terms are for convenience only and shall not govern the meaning or interpretation of any provision of these Terms.
These Terms (including any documents, materials, or information incorporated by reference herein) set forth the entire understanding between you and the Company with respect to the Services provided and/or received.